(ii)Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

(g)“Schedule 1 development” means development, other than exempt development of a description mentioned in Schedule 1 to the EIA Regulations; and

(h)“Schedule 2 development” means development, other than exempt development, of a description mentioned in Column 1 of the table in Schedule 2 to the EIA Regulations where–

(i)any part of that development is to be carried out in a sensitive area; or

(ii)any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development.

(2) Words and expressions used in this Order shall have the same meaning as in the 1997 Act, the listed buildings Act and the hazardous substances Act unless the context otherwise requires.

Transitional provisions - the 1997 Act

3.—(1) This article applies to development if–

(a)it is development for which before the relevant date no planning permission is required;

(b)it is not development or a description of development for which planning permission is granted by development order; and

(c)before the relevant date proposed development notice had been given to the planning authority.

(2) In this article–

(a)the relevant date is the date of commencement of section 90(1) of the 2004 Act;

(b)“proposed development notice” is notice of a proposal for development given by the developer in pursuance of arrangements made by the Scottish Ministers in relation to development by or on behalf of the Crown; and

(c)the developer is the Crown or a person acting on behalf of the Crown.

(3) If before the relevant date the planning authority have in pursuance of the arrangements kept a register of proposed development notices, the register must be treated as if it is part of the register kept by them in pursuance of section 36 of the 1997 Act.

Acceptable development

(4) If before the relevant date either the planning authority or the Scottish Ministers, as the case may be, give notice that they find the proposed development acceptable, planning permission is granted under Part III of the 1997 Act, subject to paragraph (6).

(5) If the notice is subject to conditions, the conditions have effect as if they are conditions attached to the planning permission.

(6) If the proposed development is EIA development, consent is not granted unless the requirements of the EIA Regulations have been met in relation to the proposed development in the same way as if planning permission had been required.

Unacceptable development or development with conditions

(7) If before the relevant date–

(a)the planning authority have notified the developer in pursuance of the arrangements that they do not find the development acceptable; or

(b)the planning authority have notified the developer in pursuance of the arrangements that they find the development acceptable subject to conditions,

section 47 of the 1997 Act shall apply to the proposal as it applies to an application for planning permission.

Referred proposals

(8) If before the relevant date–

(a)the planning authority have notified the developer in pursuance of the arrangements that they do not find the development acceptable; or

(b)the planning authority have notified the developer in pursuance of the arrangements that they find the development acceptable subject to conditions; or

(c)the planning authority have not given notice of their decision on a proposal to the developer,

and the matter has been referred to but not decided by the Scottish Ministers, the Scottish Ministers must deal with the proposal as if it is an appeal by an applicant for planning permission under section 47 of the 1997 Act.

Pending proposals

(9) If before the relevant date–

(a)proposed development notice has been given; and

(b)the planning authority have not given notice of their decision on a proposal to the developer,

and the matter has not been referred to the Scottish Ministers, the 1997 Act applies as if the proposal is an application for planning permission made under Part III of that Act.

Transitional provisions - the listed buildings Act

4.—(1) This article applies to works if–

(a)they are works for which before the relevant date no listed building consent is required; and

(b)before the relevant date proposed works notice had been given to the planning authority.

(2) In this article–

(a)the relevant date is the date of commencement of section 90(2) of the 2004 Act;

(b)“proposed works notice” is notice of a proposal for works given by the person proposing to carry out the works (“the developer”) in pursuance of arrangements made by the Scottish Ministers in relation to development by or on behalf of the Crown;

(c)the developer is the Crown or a person acting on behalf of the Crown.

(3) If before the relevant date the planning authority have in pursuance of the arrangements kept a register of proposed notice works, the register must be treated as if it is part of the register kept by them in pursuance of the listed buildings Act.

Acceptable works

(4) If before the relevant date in pursuance of the arrangements either the planning authority or the Scottish Ministers, as the case may be, have given notice that they find the proposed works acceptable–

(a)the notice must be treated as if it is listed building consent granted under the listed buildings Act; and

(b)if the notice is subject to conditions, the conditions have effect as if they are conditions attached to the consent.

Unacceptable works or works with conditions

(5) If before the relevant date–

(a)the planning authority have notified the developer in pursuance of the arrangements that they do not find the proposed works acceptable; or

(b)the planning authority have notified the developer in pursuance of the arrangements that they find the proposed works acceptable subject to conditions,

section 18 of the listed buildings Act shall apply to the proposed works as it applies to an application for listed building consent.

Referred proposals

(6) If before the relevant date–

(a)the planning authority have notified the developer in pursuance of the arrangements that they do not find the works acceptable; or

(b)the planning authority have notified the developer in pursuance of the arrangements that they find the works acceptable subject to conditions,

and the matter has been referred to but not decided by the Scottish Ministers, the Scottish Ministers must deal with the proposal as if it is an appeal by an applicant for listed building consent under section 18 of the listed buildings Act.

Pending proposals

(7) If before the relevant date–

(a)proposed works notice has been given; and

(b)the planning authority have not given notice to the developer,

and the matter has not yet been referred to the Scottish Ministers, the listed buildings Act applies as if the proposal is an application for listed buildings consent made under that Act.

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